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Yunus D Shaikh vs State Of Gujarat &

High Court Of Gujarat|30 September, 2013
By this petition, the petitioner seeks a direction to the respondents No.2 and 3 to consider the representations/ complaint dated 16.3.2013 and 09.5.2013 addressed by the petitioner. The petitioner further seeks transfer of the investigation in the matter of Salabatpura Police Station I C.R. No.90 of 2013 to any agency like CID (Crime) or any other independent agency, in the interest of justice.
The petitioner who appears to be an uncle of the deceased, has filed the present petition seeking the reliefs noted hereinabove. The above referred first information report came to be lodged by Khatunbi Sadik Shah, mother of the deceased, alleging that in view of the fact that her younger daughter was having an affair with the husband of the deceased in relation to which, the deceased was subjected to mental and physical harassment, she had committed suicide by hanging herself.
The present petition has been filed alleging that the deceased had not committed suicide, but had been done to death by the accused and artificial evidence had been created of the corpus hanging by dupatta from a ceiling fan.
Heard Mr.Shakeel Qureshi, learned advocate for the petitioner and Mr. Himanshu Patel, learned Additional Public Prosecutor for the respondent No.1.
A perusal of the first information report reveals that the mother of the deceased has alleged that her daughter had committed suicide on account of undue physical and mental harassment caused to her. The postmortem report reveals that the cause of death is asphyxia due to hanging. The injuries are also stated to be ante-mortem. Under the circumstances, the theory sought to be advanced by the petitioner that the deceased was done to death and thereafter, artificial evidence had been created of the corpus hanging by dupatta from a ceiling fan, is not in consonance with the postmortem report. Of course, in the representations made to the respondent authorities, it has also been alleged that the respondents being moneyed persons, had bribed the concerned doctor to prepare a false postmortem report. However, when the mother of the deceased who is the first informant and the father of the deceased, have not thought it fit to move any application before the concerned authorities seeking transfer of investigation or alleging that this is a case of murder, in the opinion of this Court, the present petition at the instance of the petitioner, who is an uncle of the deceased, does not deserve to be entertained.
For the foregoing reasons, the petition fails and is, accordingly, summarily dismissed.
(HARSHA DEVANI, J.) parmar* Page 3 of 3
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